Appeals

Abstract The chapter includes a commentary on the historical use of habeas corpus in extradition cases. There is an analysis of when appeals under the EA 2003 must be used, and when it may be appropriate to use habeas corpus or judicial review. The time limits for instituting statutory appeals are considered, and the necessity for compliance with the notice requirements is explained. The introduction of a limited common law discretion to extend time, and the subsequent provision of a statutory power to extend time, are identified. Avenues of appeal in Category 1 and Category 2 cases and the relevant rules of court are covered. The powers of the court on the appeal, including the power to admit fresh evidence or assurances, and to consider fresh issues, are considered. The time limit for the start of the hearing of any appeal to the High Court is explained. Cross-appeals are discussed. Appeals to the Supreme Court are also covered. Appeals in connection with the Secretary of State’s decision in Part 2 cases are considered. Guidance is given in relation to available remedies after the appeals process has concluded.